General terms and conditions
As the legal ramifications of doing business have become increasingly difficult to deal with, we at Merit Attorneys and Advisors take pride in providing clarity on difficult matters. Also in relation to your business, we will work on basis of a contract to which the following general terms and conditions will apply. We are open to discuss the contents of these terms and conditions and other terms of our contract with you, should you desire to do so. Please note that changes to the terms and conditions and our contract will only be binding if and when agree to by us in writing.
GENERAL TERMS AND CONDITIONS
Merit Advocaten & Adviseurs and Merit Attorneys and Advisors are the trade names of Merit Partners B.V. (hereinafter: Merit Advocaten), a private company with limited liability and with its registered office in Rotterdam and its office in Amsterdam.
Merit Advocaten is registered in the Trade Register of the Chamber of Commerce under number 24296644.
Notwithstanding Section 404 of Book 7 and Section 407 paragraph 2 of the Dutch Civil Code, all mandates are considered to have been accepted by Merit Advocaten only.
Any liability of Merit Advocaten is limited to the amount paid out under the firm’s professional liability policy in the matter concerned, plus the amount of the deductible under the policy conditions which is not covered by the insurer. Upon request, Merit Advocaten shall provide further information on its professional liability insurance.
If, for whatever reason, no payment under the aforementioned professional liability insurance takes place, the liability of Merit Advocaten is limited to the amount of the fee charged by Merit Advocaten for that mandate, with a maximum of €100.000,-- (one hundred thousand euro).
The Complaints and Disputes Scheme for the Legal Profession is applicable to the services provided by Merit Advocaten, a copy of which will be sent on request.
When selecting and engaging third parties, Merit Advocaten will consult the client beforehand as much as possible, exercising the necessary care. Merit Advocaten will not be liable for any failures on the part of these third parties and is entitled, without prior consultation with the client, (also) on behalf of the client, to accept any liability restriction on the part of third parties engaged by Merit Advocaten.
The client gives its consent to Merit Advocaten in advance to provide third parties with information that may be important to these third parties.
The client indemnifies Merit Advocaten against all claims by third parties – including the reasonable costs of legal assistance – that may relate in any way to the work performed for the client, unless due to negligence or intent of Merit Advocaten.
Any and all claims and all the powers which account towards Merit Advocaten in relation to work performed by Merit Advocaten shall lapse in any event one year after the date on which the person (client or third party) was known or could reasonably have known of the existence of these rights and powers.
Unless agreed otherwise, the fee will be calculated based on the number of hours worked multiplied by the hourly rates to be set each year by Merit Advocaten.
Disbursements paid by Merit Advocaten on behalf of the client (such as court fees, bailiff’s costs and reproduction costs) will be charged separately. An amount equal to 6% of the fee will be charged to cover general office expenses (such as postage, telephone, fax and photocopying costs). All amounts are exclusive of VAT.
The work, disbursements and office expenses will in principle be invoiced monthly to the client, with a payment term of 14 days from the invoice date. Merit Advocaten is entitled to charge statutory interest on any invoice not paid within this term.
Merit Advocaten reserves the right at all times to accept instructions only on an advance basis or only to continue instructions already accepted if an advance is paid by the client to cover future fees, disbursements and office expenses, to be determined in all reasonableness by Merit Advocaten. Amounts paid in advance will be set off against the work, disbursements and office expenses to be invoiced to the client each month. If any amount remains after the instruction has been completed and any amounts due have been deducted from the advance, Merit Advocaten will refund this remaining amount to the client.
The legal relationship between Merit Advocaten and the client will be governed by Dutch law. Unless the Complaints and Disputes Scheme for the Legal Profession is applicable, any disputes will be settled by the competent court in the district of Amsterdam.
All stipulations in these general conditions are also intended for all employees of Merit Advocaten.
In the event of any discrepancies between the Dutch and English texts of these general conditions, the Dutch text will be binding.
These general conditions have been filed with the Chamber of Commerce of Amsterdam in April, 2015.
Amsterdam, April 2015